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The Supreme Court on Tuesday ruled that citizens can legally nix affirmative action at the ballot box, thus upholding Michigan's voter-approved referendum banning the practice in
college admissions. By a vote of 6-2 (Justic Elena Kagan was recused), the court ruled that voters can alter their state constitutions to end affirmative action, as Michigan did via
referendum in 2006. The court stressed that it was not ruling on the constitutional merits of affirmative action itself, but rather solely on the power of citizens to rewrite their state
laws through the proper legal channels. Here's the relevant bit, from Justice Anthony Kennedy's majority opinion: SUBSCRIBE TO THE WEEK Escape your echo chamber. Get the facts
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case arose after the high court in 2003 ruled that Michigan's affirmative action program was constitutional. Following that ruling, affirmative action opponents launched a successful
referendum to amend the state constitution to ban it statewide in higher education. A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
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